Session Law

Chapter 218
AN ACT PROVIDING FOR THE DISPOSITION OF CERTAIN SURPLUS WATERWORKS FACILITIES OF THE MASSACHUSETTS WATER RESOURCES AUTHORITY AND THE METROPOLITAN DISTRICT COMMISSION LOCATED IN THE CITY OF BOSTON.

Whereas
, The deferred operation of this act would
tend to defeat its purpose, which is to
provide forthwith for the disposition of certain surplus waterworks facilities,
therefore it is hereby declared to be an emergency law,
necessary for the immediate preservation of the
public convenience.

Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
as follows:

SECTION 1.
Upon a declaration of the Massachusetts Water Resources
Authority
that all or a portion of certain lands and improvements thereon, known as the
Chestnut Hill waterworks in the city of Boston, adjacent to the city of Newton
and the town of Brookline, are surplus to the authority's needs for
construction, maintenance and operation of a sewer or waterworks system, the
commissioner of the division of capital asset management and maintenance shall,
subject to any easements, restrictions, conditions and other limitations on use
that currently exist or are contained in the authority's declaration, convey
all
interest in the lands and improvements thereon covered by the declaration and
currently under the care, custody and control of the metropolitan district
commission or the authority, by deed or by lease for a term deemed appropriate
by the commissioner, to a developer or development team, committed to the
protection of open space, the preservation of historic structures and the
maintenance of appropriate public access and selected in accordance with
section
40H of chapter 7 of the General Laws, for private development or public
commercial or residential uses. All of the lands and improvements thereon of
the
Chestnut Hill waterworks subject to this act were taken or acquired and used
for
water supply purposes in accordance with chapter 488 of the acts of 1895 and
chapter 372 of the acts of 1984 and are
shown on a survey plan of land titled
"Chestnut Hill Pumps Station, Chestnut Hill Surplus Property, Plan of Land and
Easements Boston (Brighton), Massachusetts, Job Number J9960" prepared by the
"Massachusetts Water Resources Authority Engineering and Construction Division"
and on file with the authority. Prior to the declaration, the commissioner
shall
proceed, in accordance with section 40F> of chapter 7 of the General Laws and
in
consultation with the secretary of environmental affairs, the secretary of the
commonwealth, the authority and the commission, with all necessary activities,
including planning and bidding, associated with the anticipated disposition of
the lands and improvements thereon, as described in this section.

SECTION 2.
Prior to the execution of any lease or as part of any
deed, described
in section 1, the commissioner of the division of capital asset management and
maintenance shall retain on behalf of the commonwealth and record in the
registry of deeds or register in the land court, as applicable, and in
perpetuity
conservation and preservation restriction acceptable to the secretary of
environmental affairs and the secretary of the commonwealth, on behalf of the
Massachusetts historical commission, on that portion of the lands and
improvements thereon as shown on a site plan titled "Chestnut Hill Waterworks
Complex, Conservation and Preservation Restrictions", dated March 28, 2000,
prepared by the "Engineering & Construction Department, Design Information
Systems Center" of the authority and on file with the authority. The
restriction
shall be consistent with sections 31, 32 and 33 of chapter 184 of the General
Laws, shall ensure appropriate public access, preservation of historic
structures and conservation of open space, shall be evidenced by certificates
of
the secretary of environmental affairs and the secretary of the commonwealth
and
subject to any easements, restrictions, conditions and other limitations on use
that currently exist or are contained in the authority's declaration.